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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR. JUSTICE VIMAL K. VYAS
RAJUBHAI @ RAJESHBHAI DHARAMSIBHAI THAKKARV/sSTATE OF GUJARAT
| Table of Content |
|---|
| 1. application for quashing under land grabbing act. (Para 1) |
| 2. state's arguments supporting the fir. (Para 4) |
| 3. dismissal of the application for quashing. (Para 6) |
ORDER :
SANDEEP N. BHATT, J.
1. The present application under Section 482 of the Code of Criminal Procedure, 1973, is filed by the applicants for quashment of the Special Land Grabbing Case No.25 of 2023 pending before the learned 4th Additional District Judge, Ahmedabad (Rural), which is arising from the impugned FIR No.11192008230172 of 2023 registered with the Bavla Police Station for the offences punishable under Sections 3, 4(1), 4(2), 4(3), 5(c) and 5(e) of the Gujarat Land Grabbing (Prohibition) Act, 2020 (‘the Land Grabbing Act’ for short).
2. Heard learned advocates.
3.1 Learned advocate Ms.Sangita M. Chauhan for learned advocate Mr. P.V. Patadiya for the petitioners has submitted that the present complaint is filed under the provisions of the Land Grabbing Act and charge-sheet is also filed. She has further submitted that while granting anticipatory bail, the Court has observed something in the order in favour of the applicants. She has also submitted that the civil litigation are also pending, ther
The presence of pending civil litigation does not obstruct the initiation of criminal proceedings for cognizable offences, nor does a delay in filing an FIR automatically negate the complainant's rig....
It is well settled principle of law there is a presumption in favour of constitutionality of a statute. While deciding validity of a statute, it would be endeavour of court to find out the intention ....
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